NCJ Number
57449
Journal
ARIZONA STATE LAW REVIEW Volume: 1975 Issue: 4 Dated: (1975) Pages: 677-713
Date Published
1975
Length
37 pages
Annotation
DRIVING OFFENSES ARE EXAMINED IN TERMS OF VEHICLE AND ROAD DESIGN AND THE HUMAN ELEMENT, AND IT IS SHOWN THAT PENALTIES TO INFLUENCE DRIVING BEHAVIOR HAVE MINIMAL IMPACT ON SUCH BEHAVIOR FROM THE DETERRENCE PERSPECTIVE.
Abstract
BECAUSE TOWNS PROPOSED FOR COMPARATIVE ANALYSIS IN NEW SOUTH WALES HAD UNIQUE TRAFFIC SITUATIONS RELATED TO DIFFERENCES IN AUTOMOBILE DENSITY, TERRAIN, WEATHER, GENERAL ROAD CONDITIONS, PERCENTAGE OF LOCAL VERSUS NONLOCAL DRIVERS, CITY SIZE, AND MEDIA COMMUNICATIONS, IT WAS DECIDED TO CONDUCT A 'BEFORE AND AFTER' STUDY OF ONE JURISDICTION WHERE MOST UNCONTROLLABLE VARIABLES WOULD REMAIN CONSTANT. THIS WAS ACCOMPLISHED BY COMPARING MAGISTRATES WHO SAT IN THE SAME JURISDICTION IN CONSECUTIVE TERMS. DATA WERE OBTAINED FROM BIANNUAL REPORTS OF THE NEW SOUTH WALES DEPARTMENT OF MOTOR TRANSPORT AND ACCIDENT RATE DATA PREPARED YEARLY BY THE DEPARTMENT OF MAIN ROADS FOR THE JURISDICTION UNDER STUDY. THE EFFECT OF A 'TOUGH' MAGISTRATE WAS EXAMINED IN RELATION TO VEHICLE AND ROAD DESIGN CONSIDERATIONS, WEATHER CONDITIONS, AND POLICE BEHAVIOR. ATTENTION WAS ALSO GIVEN TO APPEALS, CONDITIONAL RELEASE OF DRIVING OFFENDERS, FINES, PUBLIC AWARENESS OF A MAGISTRATE'S REPUTATION, REPORTABLILITY OF ACCIDENTS, PUBLIC ATTITUDES TOWARD ACCIDENT PREVENTION, PERCEPTIONS ABOUT ACCIDENT CAUSES, DRIVING BEHAVIOR, AND DETERRENCE. STATISTICAL ANALYSIS OF DATA REVEALED THAT THE NUMBER OF ACCIDENTS PER MILLION VEHICLE MILES DRIVEN ON MAIN HIGHWAYS IN THE TOUGH MAGISTRATE'S DISTRICT DID NOT DROP SIGNIFICANTLY AFTER TRAFFIC OFFENSE PENALTIES INCREASED. A MARKED DECREASE WAS OBSERVED, HOWEVER, IN THE NUMBER OF REPORTED ACCIDENTS OVER THE STUDY PERIOD. THE VALUE OF THE AVERAGE INSURANCE CLAIM FOR ACCIDENTS NOT REPORTED TO THE POLICE INCREASED. PUBLIC OPINIONS REVEALED LITTLE CORRELATION BETWEEN PERSONS WHO CAUSED ACCIDENTS AND PERSONS WHO BROKE TRAFFIC LAWS. DRIVERS VIEWED TRAFFIC LAWS AS RETRIBUTIVE RATHER THAN AS A DETERRENT TO DANGEROUS DRIVING. ONLY WHEN TRAFFIC VIOLATIONS RESULTED IN INJURY WERE HEAVY PENALTIES CONSIDERED APPROPRIATE. DRIVERS WHO ADMITTED PREVIOUS CONVICTIONS FOR TRAFFIC OFFENSES APPEARED TO BE THE MOST DIFFICULT TO DETER BY THREAT OF PUNISHMENT. THE STUDY SAMPLING TECHNIQUES ARE DESCRIBED IN AN APPENDIX, AND SUPPORTING DATA ARE TABULATED. FOOTNOTES ARE INCLUDED. (DEP)